Endorsement to Title Policy. To the extent the Agent is a beneficiary of any Mortgage, at such times as the Agent shall determine in its discretion at any time, to the extent available under Applicable Law, a “date down” endorsement to each Title Policy indicating no change in the state of title and containing no survey exceptions not approved by the Agent, which endorsement shall, expressly or by virtue of a proper “revolving credit” clause or endorsement in each Title Policy, increase the coverage of each Title Policy to the aggregate amount of all Loans advanced and outstanding and Letters of Credit issued and outstanding (provided that the amount of coverage under an individual Title Policy for an individual Borrowing Base Property need not equal the aggregate amount of all Loans), or if such endorsement is not available, such other evidence and assurances as the Agent may reasonably require (which evidence may include, without limitation, an affidavit from the Borrower stating that there have been no changes in title from the date of the last effective date of the Title Policy).
Endorsement to Title Policy. At such times as Agent shall determine in its discretion prior to each funding, to the extent available under applicable law, a “date down” endorsement to each Title Policy indicating no change in the state of title and containing no survey exceptions not approved by the Agent, which endorsement shall, expressly or by virtue of a proper “revolving credit” clause or endorsement in each Title Policy, increase the coverage of each Title Policy to the aggregate amount of all Loans advanced and outstanding and Letters of Credit issued and outstanding (provided that the amount of coverage under an individual Title Policy for an individual Mortgaged Property need not equal the aggregate amount of all Loans), or if such endorsement is not available, such other evidence and assurances as the Agent may reasonably require (which evidence may include, without limitation, an affidavit from the Borrower stating that there have been no changes in title from the date of the last effective date of the Title Policy).
Endorsement to Title Policy. At such time as the Agent shall determine in its discretion, to the extent available under applicable law, a “date down” endorsement to each Title Policy indicating no change in the state of title and containing no survey exceptions not approved by the Agent, which endorsement shall, expressly or by virtue of a proper “revolving credit” clause or endorsement in the Title Policy, increase the coverage of the Title Policy to the aggregate amount of all Loans advanced and outstanding and all Letters of Credit issued and outstanding on or before the effective date of such endorsement (provided that the amount of coverage under an individual Title Policy for an individual Mortgaged Property need not equal the aggregate amount of all Loans), or if such endorsement is not available, such other evidence and assurances as the Agent may reasonably require (which evidence may include, without limitation, an affidavit from the Borrower stating that there have been no changes in title from the date of the last effective date of the Title Policy).
Endorsement to Title Policy. A "date down" endorsement to the Title Policies indicating no change in the state of title and containing no exceptions not approved by the Lenders, which endorsement shall, expressly or by virtue of a proper "pending disbursements" clause or endorsement in the Title Policies, increase the coverage of the Title Policies to the aggregate amount of all proceeds of the Loan advanced on or before the effective date of such endorsement; provided, that only one such endorsement per calendar quarter shall be required.
Endorsement to Title Policy. If applicable, at the time of such release, Borrower shall deliver to TMCC an endorsement to the Title Policy insuring TMCC’s first lien granted under the Deed(s) of Trust, in form and substance satisfactory to TMCC, assuring that TMCC’s first lien remains in full force and effect as to all Properties remaining subject to such Deed(s) of Trust, subject only to the Permitted Encumbrances, and is in no way adversely affected by such release, and remains in the full Construction Loan amount.
Endorsement to Title Policy. At such times as the Agent shall reasonably determine in its commercially reasonable discretion, to the extent available under applicable law, a “date down” endorsement to each Title Policy indicating no material change in the state of title and containing no survey exceptions not approved by the Agent, which endorsement shall, expressly or by virtue of a proper “pending disbursements” clause or endorsement in the Title Policy, increase the coverage of the Title Policy to the aggregate amount of all Loans advanced and outstanding on or before the effective date of such endorsement, or if such endorsement is not available, such other evidence and assurances as the Agent may reasonably require (which evidence may include, without limitation, a “nothing further” letter or statement from Borrower stating that there have been no material changes in title from the date of the last effective date of the Title Policy).
Endorsement to Title Policy. Prior to funding any Loan after the Closing Date, the Agent shall receive a “pending disbursement” endorsement (or comparable affirmative coverage) to the Title Policy for the Richmond Property delivered to the Agent on the Closing Date, which “pending disbursement” endorsement (or comparable affirmative coverage) shall be acceptable to the Agent. At such times as the Agent shall determine in its reasonable discretion prior to funding any Loan, to the extent available under applicable law, a “date down” endorsement to each Title Policy indicating no change in the state of title and containing no survey exceptions not approved by the Agent, which endorsement shall, expressly or by virtue of a proper “revolving credit” clause or endorsement in each Title Policy, increase the coverage of each Title Policy to the aggregate amount of all Loans advanced and outstanding on or before the effective date of such endorsement (provided that the amount of coverage under an individual Title Policy for an individual Mortgaged Property need not equal the aggregate amount of all Loans), or if such endorsement is not available, such other evidence and assurances as the Agent may reasonably require (which evidence may include, without limitation, an affidavit from the Borrowers stating that there have been no changes in title from the date of the last effective date of the Title Policy).
Endorsement to Title Policy. The Title Policy shall be endorsed and extended, if available under local rules, to cover each Draw with no additional title exception objectionable to TMCC.
Endorsement to Title Policy. A down date endorsement to the Title Policy for the Project with respect to which funds are being requested to the date of such extension of credit in the form reasonably approved by the Administrative Agent conforming to the pending disbursement requirements set forth in Exhibit L and setting forth no additional exceptions (including without limitation Survey exceptions) except Permitted Liens and those approved by the Administrative Agent, including evidence of payment to the Title Company of such endorsement and any fees and/or Taxes payable in connection therewith.
Endorsement to Title Policy. 85- Section 11.8. Future Advances Tax Payment. . . . . . . . . . . .-85- Section 12. EVENTS OF DEFAULT; ACCELERATION; ETC.. . . . . . . . . .-85- Section 12.1. Events of Default and Acceleration . . . . . . . .-85- Section 12.2. Termination of Commitments . . . . . . . . . . . .-90- Section 12.3. Remedies . . . . . . . . . . . . . . . . . . . . .-90- Section 12.4. Distribution of Collateral Proceeds. . . . . . . .-90- Section 13. SETOFF . . . . . . . . . . . . . . . . . . . . . . . . .-91- Section 14. THE AGENT. . . . . . . . . . . . . . . . . . . . . . . .-91- Section 14.1. Authorization. . . . . . . . . . . . . . . . . . .-91- Section 14.2. Employees and Agents . . . . . . . . . . . . . . .-92- Section 14.3. No Liability . . . . . . . . . . . . . . . . . . .-92- Section 14.4. No Representations . . . . . . . . . . . . . . . .-92- Section 14.5. Payments . . . . . . . . . . . . . . . . . . . . .-92- Section 14.6. Holders of Notes . . . . . . . . . . . . . . . . .-93- Section 14.7. Indemnity. . . . . . . . . . . . . . . . . . . . .-93- Section 14.8. Agent as Bank. . . . . . . . . . . . . . . . . . .-94- Section 14.9. Resignation. . . . . . . . . . . . . . . . . . . .-94- Section 14.10. Duties in the Case of Enforcement . . . . . . . .-94- Section 15. EXPENSES . . . . . . . . . . . . . . . . . . . . . . . .-95- Section 16. INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . .-96- Section 17. SURVIVAL OF COVENANTS, ETC . . . . . . . . . . . . . . .-97- Section 18. ASSIGNMENT AND PARTICIPATION . . . . . . . . . . . . . .-97-
